DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sano et al. (US 20070244363).
Regarding claim 1, Sano discloses a gas feeding apparatus (31 – figure 13) for use with an endoscope (21 – figure 13), the gas feeding apparatus comprising:
a sensor (flow-rate measuring unit 51) configured to measure a flow rate of a gas and output a measurement result (see figure 13, paragraphs 0152, 0153, 0155); and
a control circuit (control unit 45 – see for example, figure 13) configured to:
set a first threshold and a second threshold for one of an integrated amount of the gas or a gas feeding time period of the gas, the second threshold being larger than the first threshold (setting a first level and second level of flow-rate threshold for mount of flow rate of gas using flow-rate threshold input unit 54 or communication unit 56; or setting first time, second time, etc. of a gas feeding time period using time setting operating unit 49 (see include, but are not limited to, figures 12-13, the second level of flow-rate threshold or second set time, is larger than first level of flow-rate threshold or first set time – see include, but are not limited to, figures 10-13, paragraphs 0110-0111, 0168-0169, 0179-0182, 0191);
time-sequentially calculate the integrated amount or the gas feeding time period using the measurement result (time-sequentially determine or measure the amount of gas or counting/measuring the gas feeding time period using the measurement result of flow-rate or time period– see include, but are not limited to, figures 10-11, 13, 16 -19, paragraphs 0166-0174); and
stop feeding the gas when the calculation result reaches the second threshold (stop feeding the gas or turn the open/close valve 41 to a closed stated at timer off/tY or end of operation or when measured flow-rate smaller than second level of flow-rate threshold – see include, but are not limited to, figures 10, 11 (step S8), paragraphs 0128-0129, 0142-0143, 0171, 0174).
Regarding claim 2, Sano discloses the gas feeding apparatus according to claim 1, wherein the control circuit (control unit 45 – figures 13, 16) is configured to control a notification device (notifying unit 48) to activate an alarm (notification) when the calculation result reaches the second threshold (e.g., perform notification using notification unit when the count of timer reached the second setting time after reset of timer or tY – see figure 11 (steps S5, S7), paragraphs 0121, 0128, 0142, 0171).
Regarding claim 3, Sano discloses the gas feeding apparatus according to claim 2, wherein the control circuit (control unit 45 – figures 13, 16) is configured to control the notification device (notification unit 48) to activate the alarm (notification) when the calculation result reaches the first threshold (e.g., when the determined result/time period reaches end time t2 before timer reset for next time t3, tY – see include, but are not limited to, see figures 10-11, (steps S5, S7),figure 13, paragraphs 0121, 0128, 0142, 0158, 0171).
Regarding claim 4, Sano discloses the gas feeding apparatus according to claim 1, wherein the control circuit (control unit 45 – figures 13, 16) is configured to time-sequentially calculate the integrated amount or the gas feeding time period from a first timing to a second timing based on the measurement result (start counting from time tS or time when open the open/close valve (S3/S4) or when gas supplying button (25a) operation by operator to second time at the close open/close valve or tY or gas supplying button is not operated – see include, but are not limited to, figures 10-11,13), the first timing being a timing when the gas starts to be fed (e.g., open open/close valve or operating as supplying button – see figure 11), the second timing being different from the first timing (e.g., close open/close valve or stop operating the gas supplying button 25a- see include, but are not limited to, figures 10-11, paragraphs 0127-0128, 0138, 0142-0143, 0160).
Regarding claim 5, Sano discloses the gas feeding apparatus according to claim 4, wherein the control circuit (control unit 25 – figure 13) is configured to adopt a timing when the measurement result starts to rise from a value close to zero, as the first timing (as a result of the open/close valve turns to open state to start supplying the gas at first time such as tS of a period as described in figures 10-11, paragraphs 0127, 0165).
Regarding claim 6, Sano discloses the gas feeding apparatus according to claim 5, wherein the control circuit (control unit 25 – figures 13, 16) is configured to adopt a timing when the measurement result starts to decrease in a state where the measurement result is kept at a predetermined value, as the second timing (timing of the elapsed time or reset time when the measurement result of flow rate start to decrease smaller than level of flow-rate threshold or as a result of stop operation of the gas supplying button 25a/open/close valve is OFF as the second timing/setting time TL - see include, but are not limited to, figures 10-11, 13, paragraphs 0128-0129,0142-0143, 0158, 0168, 0204-0205).
Regarding claim 7, Sano discloses the gas feeding apparatus according to claim 4, wherein the control circuit is configured to adopt a procedure start as the first timing (start time set for and operation), and adopt a procedure end as the second timing (second time set/end time set for the operation – see include, but are not limited to, figures 10-11, paragraphs 0111, 0124, 0128-0129, 0138, 0140, 0158, 0160).
Regarding claim 8, Sano discloses the gas feeding apparatus according to claim 1. Sano discloses stop supplying gas or close the open/close valve when the calculation result reaches the first threshold of time or smaller than level for flow-rate threshold – see include, but are not limited to, figures 10-11, 13, paragraphs 0128, 0142-0143, 0158, 0168, 0171). As the result of the open/close valve is turned to a closed state, wherein the control circuit (control unit 25) is configured to reduce the flow rate of the gas (as a result of setting time is elapsed or the valve is in closed state) when the calculation result reaches the first threshold.
Regarding claim 9, Sano discloses the gas feeding apparatus according to claim 1, wherein the control circuit is configured to set a predetermined time interval (e.g., 15 min, 30 min, 5 min, etc. – see for example, figure 12, paragraphs 0111, 0161, 0172) and reduce the flow rate of the gas whenever the predetermined time interval elapses after the calculation result reaches the first threshold (reduce the flow rate/turn the open/close valve to closed stated when calculation result reaches the end of the setting time - see include, but are not limited to, figures 10-11, 13, paragraphs 0128, 0142-0143, 0158, 0168, 0171).
Regarding claim 10, limitations of a method as claimed that correspond to the limitations of the gas feeding apparatus in claim 1 are analyzed as discussed in the rejection of claim 1. Particularly, Sano discloses the method for feeding gas with an endoscope, the method comprising:
measuring a flow rate of a gas and outputting a measurement result (see corresponding discussion in the rejection of claim 1);
setting a first threshold and a second threshold for one of an integrated amount of the gas or a gas feeding time period of the gas, the second threshold being larger than the first threshold (see similar discussion in the rejection of claim 1);
time-sequentially calculating the integrated amount or the gas feeding time period using the measurement result (see similar discussion in the rejection of claim 1); and
stopping feeding the gas when the calculation result reaches the second threshold (see similar discussion in the rejection of claim 1).
Regarding claims 11-14, the additional limitations of the method as claimed correspond to the additional limitations of the gas feeding apparatus in claims 2-3, 8-9 and are analyzed as discussed in the rejection of claims 2-3, 8-9.
Regarding claim 15, Sano discloses gas feeding system (see figure 1, paragraphs 0085-0086) comprising:
an endoscope (endoscope 21 – figure 1, paragraph 0086); and
the gas feeding apparatus according to claim 1 (see discussion in the rejection of claim 1, and figures 1, 13).
Regarding claim 16, Sano discloses the gas feeding apparatus according to claim 1, further comprising a gas feeding conduit (gas supplying system 3 or gas supplying channel/line) communicating with a conduit disposed in the endoscope (see figure 1, paragraph 0093).
Regarding claim 17, limitations of gas feeding apparatus that correspond to the limitations of claim 1 and are analyzed as discussed in the rejection of claim 1. Particularly, Sano disclose a gas feeding apparatus (gas supplying apparatus 31 – see figures 1, 13) for use with an endoscope (endoscope 21- see figure 1, paragraphs 0085-0086), the gas feeding apparatus comprising:
a sensor (flow-rate measuring unit 51 – see figure 13) configured to measure a flow rate of a gas and output a measurement result (see similar discussion in the rejection of claim 1); and
a control circuit (control unit 25 – figure 13) configured to: set a threshold for one of an integrated amount of the gas or a gas feeding time period of the gas (set a threshold for one of amount of gas flow-rate or a gas supplying time period of gas – see include, but are not limited to, figures 10-13, paragraphs 0110-0111, 0168-0169, 0179-0182, 0191);
time-sequentially calculate the integrated amount or the gas feeding time period using the measurement result (see include, but are not limited to, figures 10-11 and similar discussion in the rejection of claim 1); and
reduce the flow rate of the gas after the calculation result reaches the threshold (reduce/stop the flow-rate of gas after the measured flow-rate or the counted time reaches the threshold of flow-rate setting or time setting of time period – see include, but are not limited to, figures 10-11(step S8), paragraphs 0128-0129, 0142-0143, 0171, 0174 .
Regarding claim 18, Sano discloses the gas feeding apparatus according to claim 17, wherein the control circuit is configured to: set a predetermined time interval; reduce the flow rate of the gas whenever the predetermined time interval elapses after the calculation result reaches the threshold (see similar discussion in the rejection of claim 9, wherein “the threshold” correspond to either “first threshold”); and
control a notification device (notifying unit 48) to activate an alarm (notification) when the calculation result reaches the threshold (see figure 11 (step S7), figure 13, paragraphs 0121, 0128, 0142, 0171).
Regarding claim 19, Sano discloses the gas feeding apparatus according to claim 18, wherein the control circuit is configured to time-sequentially calculate the integrated amount or the gas feeding time period from a first timing to a second timing based on the measurement result, the first timing being a timing when the gas starts to be fed, the second timing being different from the first timing (see similar discussion in the rejection of claim 4).
Regarding claim 20, Sano discloses the gas feeding apparatus according to claim 19, wherein the control circuit (control unit 25 – figure 13) is configured to reduce the flow rate of the gas whenever the predetermined time interval elapses from the first timing to the second timing (reduce the flow rate/turn the open/close valve to closed stated whenever the predetermined time interval elapses from the first timing to the second timing/end of the setting period- see include, but are not limited to, figures 10-11 paragraphs 0128, 0142-0143, 0158, 0168, 0171).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-10, 12, 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,185,920 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-10, 12, 15-17 of the instant application is anticipated by patent claims 1-11 in that claims 1-11 of patent contains all the limitations of claims 1-10, 12, 15-17 of the instant application. Claims 1-10, 12, 15-17 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting. Claims 1-10, 12, 15-17 of the instant application is broader in every aspect than the patent claims 1-11 and is therefore an obvious variant thereof.
Allowance of claims 1-10, 12, 15-17 would result in an un-warranted timewise extension of the monopoly granted for the invention as defined in claims 1-11 of Patent No. 12,185,920 B2.
Claims 11, 13-14, 18-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,185,920 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the instant claims 11, 13-14, 18-20 and Patent claims 1-16 are directed to the same invention with a different in scope and are therefore an obvious variant thereof or the invention defined in instant claims 11, 13-14, 18-20 is an obvious variation of the invention defined in the patent claims 1-16 because for limitations in the instant claims that are not recited in patent claims (e.g., method comprising activating an alarm when the calculating result reaches the second threshold; reducing the flow rate….) are known by prior art (see for example, Sano reference discussed in the rejection above). It would have been obvious to one of ordinary skill in the art combine in patent claims with the well-known teachings as taught in the prior art cited above to notify the surgeon of or the like of completion of operation (see Sano: paragraph 0121) or preventing from flowing continuously wastefully (see Sano: paragraph 0129). .
Allowance of claims 11, 13-14, 18-20 would result in an un-warranted timewise extension of the monopoly granted for the invention as defined in claims 1-16 of Patent No. 12,185,920 B2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hayashi (US 20120016293) discloses endoscope gas delivery system for adjusting flow-rate of gas (paragraph 0017).
Uesugi et al. (US 20060129087) discloses method and apparatus for supplying predetermined gas into body cavities of a patient with setting flow-rate and total volume display and activating alarm when thresholds are reached (see also paragraphs 0125, 0137, 0140, 0173, 0205).
Torissawa et al. (US 20140066839) discloses gas supplying system with warning display, flow-rate sensors, electromagnetic valves, setting unit for setting multiple thresholds (see for example, figure 16, paragraphs 0057-0058, 0063, 0079-0085, 0094, 0106).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN SON P HUYNH whose telephone number is (571)272-7295. The examiner can normally be reached 9:00 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANH TUAN T. NGUYEN can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AN SON P HUYNH/Primary Examiner, Art Unit 3795
August 19, 2026
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